Hemant Dattataray Alias Dattatray Bhate v. Dattataray Alias Dattatray Hari Bhate

2 96.TP/4256/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 11th February, 2026 FOR COMPLIANCE:

96. TP/4256/2025 (AMH20240009835C202500005) with WILL/1737/2025 ) ) ) ) Ms. Sakshi Inamdar i/b Siddesh Pilankar Ld. Advocate for the Petitioner P.C.:

1) Petitioner, namely Hemant Dattatray alias Dattatray Bhate, filed this petition for grant of Letters of Administration with Will Annexed, being the sole legatee under the Will executed by Dattatray alias Dattatray Hari Bhate (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Pune on 27-06-2022.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) No executor has been appointed under the Will. The petitioner is the one of the legatee under the Will. Hence, the petition is tenable. 5) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Pune on 06.09.2016, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay. 6) Ld. Advocate for the petitioner submits that the testator is survived by petitioner and Sandya Bhate(daughter) as his legal heirs, whose details are given in the petition's paragraph No. 09, as per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heir of the testator has consented to the petition and thereby waived the service of Citation.

7) Citation to all Concern was issued and same has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of

2 96.TP/4256/2025 the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

8) The petitioner has filed the affidavits of Rajeev Anant Pathak & Gaurang Ashokbhai Patel, attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that deceased signed the Testament in their presence and the testator was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

9) Properties mentioned in the schedule-I of the petition are referred in the Will. The petitioner has filed an affidavit, affirmed on 28.11.2026, along with the Mutation entry and Order of the Revenue department, regarding the renumbering of the Block Numbers of the Lands. 10) Other legatee, namely Sandhya Bhate, has given consent to grant Letters of Administration to petitioner. Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra. 3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

11th February, 2026 Officer on Special Duty, with Testamentary Department